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(영문) 서울동부지방법원 2019.03.08 2018고단957
무고
Text

The defendant shall be innocent.

Reasons

1. The Defendant is the representative director of a stock company B (hereinafter “B”) that runs the wholesale and retail business of building materials, the service of waterproofing construction business, etc., and the victim C is the operator of a stock company D (hereinafter “D”) that engages in the business of repairing and reinforcement of facilities.

B around July 1, 2003, B and D entered into a new technology use contract with the effect that “D, using the right to use new technology owned by B, awarded a contract for the construction of concrete structure waterproof construction in the name of B, and performing the relevant construction (hereinafter “the contract for the use of new technology”)” (hereinafter “the contract for the use of new technology in 2003”), and from the end of the end of the end of 2015, D, under the above contract, comprehensively entrusted the relevant construction business from B and ordered the relevant construction work under the name of B, and has been performing the relevant construction

The Defendant filed a civil suit against B on the ground that D received an order of waterproof Construction Work on behalf of B in accordance with the foregoing agreement, and that part of the construction cost was not paid, and even though the Defendant entrusted D with the authority to prepare necessary documents in the name of B, such as granting a corporate employee reduction to D, the Defendant prepared a false statement of complaint against the victim for the purpose of having the victim receive criminal punishment.

On January 13, 2017, the Defendant: (a) entered into the civil petition office of the Seoul Western District Public Prosecutor’s Office located in Mapo-gu, Seoul; and (b) under the said contract to use the new technology, the business area is limited to Daegu Metropolitan City and Gyeongbuk-do; and (c) the protection period expires that the new technology is designated as a new technology for eight (8) years from April 19, 2003 to April 18, 201 by the F New Technology Designation Certificate under the name of the Minister of Construction and Transportation; and (d) after consultation with D and B on April 5, 2007, “B” entered into a new technology cooperation contract with D in consultation with D in 2007.

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